부당이득금반환
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the grounds of appeal on “charges” under the Framework Act on the Management of Charges, the lower court acknowledged the facts as indicated in its reasoning, and determined that the standard facility charges under the terms and conditions of this case cannot be deemed as “charges” imposed as monetary obligations, regardless of provision of goods or services under Article 2 of the Framework Act on the Management of Charges, since they have the character as consideration for the use of new electricity or the increase of contract power
The judgment below
In light of the relevant laws and records, the judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles as to the legal nature of standard facility charges, the principles of legal reservation and the charges under the Framework Act on the Management of Charges, contrary to what is alleged in the grounds of appeal.
2. As to the grounds of appeal relating to the interpretation and validity of the terms and conditions, Article 6(1) and (2)1 of the Regulation of Terms and Conditions Act (hereinafter “Terms and Conditions Act”) to be deemed null and void on the grounds that the terms and conditions clause is unreasonably unfavorable to customers, which is “a clause which has lost fairness in violation of the principle of trust and good faith,” is insufficient solely on the fact that the terms and conditions clause is somewhat unfavorable to customers. Moreover, it should be recognized that the standard terms and conditions preparing and using the terms and conditions clause that violates the principle of trust and good faith against the legitimate interests and reasonable expectations of the contractual parties, thereby unfairly harming the customers
In addition, whether the terms and conditions are "an unreasonably unfavorable clause to a customer" which falls under the grounds for invalidation of the terms and conditions are disadvantageous to a customer pursuant to the terms and conditions.